DA drops failure to report abuse charges against doctor

LAS CRUCES - Charges have been dismissed against a Las Cruces doctor who was accused of failing to report child abuse in a case related to the 2014 death of a 7-month-old infant, court records show.

Ann Mercer, 71, was charged with three misdemeanor counts of failure to report child abuse, according to a criminal complaint filed July 21, 2014, in 3rd Judicial District Court in Las Cruces. Mercer, a physician who owns and operates the Mercer School on East Missouri Avenue, was arrested the following day by Las Cruces police.

Nearly two weeks earlier, Annette Smith, 35, a Las Cruces mother, was arrested in connection with the death of her infant daughter, Shania Boddie Smith, who was pronounced dead on July 9, 2014, at Memorial Medical Center.

Authorities alleged Smith repeatedly abused her daughter over the months and days leading up to her death.

Two of Smith’s older children told police they witnessed the abuse. Smith refused to feed the baby and would pile thick blankets on top of her to muffle her cries, Smith’s then 13-year-old daughter said in a statement to police.

The 13-year-old daughter also said Smith would hit her and her then-12-year-old sister on a “frequent basis.” The older children, who attended the Mercer School, also told police they reported the abuse to Mercer before the death of their 7-month-old sister.

Mercer never reported abuse allegations to authorities and was later charged with three counts of failure to report child abuse.

Her jury trial was scheduled to begin Dec. 16 before Chief District Judge Fernando R. Macias in Las Cruces District Court.

On Nov. 13, the case’s lead prosecutor, Davis Ruark of the 3rd Judicial District Attorney’s Office, filed paperwork to dismiss the three charges against Mercer.

The one-page court filing indicates Ruark opted to dismiss the charges “due to a significant change in evidence available for submission at trial and the interest of justice.”

A spokesman for the District Attorney’s Office did not respond to repeated requests for comments.

“We are extremely pleased that the district attorney's office saw the light and dismissed,” Stout said in the statement, “but unfortunately Dr. Mercer had to endure being arrested and jailed unnecessarily, as well as having to defend her reputation that was impugned by headlines concerning her arrest. At least now she can continue to help people through her medical practice and her school.”

In the statement, Mercer said, “I am extremely thankful for all the support I received from the community and my family.”

Mercer has practiced internal medicine in Las Cruces since 1984, Stout said. She has owned the Mercer School for 27 years.

In August, Smith was sentenced to 21 years in prison. As part of a plea bargain with prosecutors, she pleaded guilty to one count of attempted child abuse resulting in great bodily harm or death, a second-degree felony, as well as six counts of child abuse not resulting in death or great bodily harm and tampering with evidence, all third-degree felonies.